Holder v. Curry

Filing 24

ORDER SCHEDULING BRIEFING ON PETITIONER'S POST-REMAND REQUEST FOR RELEASE. Signed by Judge Claudia Wilken on 5/24/2011. (ndr, COURT STAFF) (Filed on 5/24/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KEITH HOLDER,

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Petitioner,

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No. C 08-2572 CW (PR)
ORDER SCHEDULING BRIEFING ON
PETITIONER'S POST-REMAND
REQUEST FOR RELEASE

v.
BEN CURRY, Warden,

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Respondent.
/

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United States District Court
For the Northern District of California

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In an Order filed August 6, 2010, the Court granted

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Petitioner’s pro se petition for a writ of habeas corpus under 28

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U.S.C. § 2254 challenging the October 26, 2006 decision of the

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California Board of Parole Hearings (BPH) to deny him parole.

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particular, the Court ordered the BPH to “set a parole date for

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Petitioner unless it finds new evidence, arising after the 2006

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hearing, of current dangerousness.”

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In

(Docket No. 9 at 25.)

On September 3, 2010, the Court granted Respondent's request

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for a temporary stay of the Court's Order to allow Respondent time

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to seek a stay in the Ninth Circuit.

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Ninth Circuit stayed the Court’s Order pending appeal.

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On November 30, 2010, the

On May 10, 2011, the Ninth Circuit granted Petitioner’s motion

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to dismiss the appeal as moot, vacated the Court’s judgment and

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remanded to this Court “for further proceedings consistent with this

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order.”

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(Docket No. 22 at 1.)

On May 16, 2011, Petitioner filed a “Post-Remand Request for

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Immediate Release,” in which he argues he is entitled to release

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from custody because the BPH held a new hearing on September 2,

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2010, i.e., before this Court entered the temporary stay, and

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granted Petitioner a parole date.

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Ninth Circuit’s dismissal of Respondent’s appeal as moot entitles

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Petitioner to release on parole.

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Thus, Petitioner argues, the

Good cause appearing, the following briefing schedule is HEREBY
SET on Petitioner’s request:
Respondent shall file a response to Petitioner’s request no
later than fourteen (14) days from the date of this Order.
Petitioner shall file a reply to the response no later than
seven (7) days from the date the response is filed.
IT IS SO ORDERED.

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Dated:
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5/24/2011
CLAUDIA WILKEN
United States District Judge

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